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Statutory Instruments

2004 No. 3123 (C. 132)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Courts Act 2003 (Commencement No. 8, Savings and Consequential Provisions) Order 2004

Made

17th November 2004

The Lord Chancellor, in exercise of the powers conferred upon him by sections 108(6), 109(4) and (5) and 110 of the Courts Act 2003( 1 ) hereby makes the following Order:

Citation and interpretation

1. β€”(1) This Order may be cited as the Courts Act 2003 (Commencement No. 8, Savings and Consequential Provisions) Order 2004.

(2) In this Order a reference to a section or Schedule by number alone means the section or Schedule so numbered in the Courts Act 2003.

Commencement of provisions of the Courts Act 2003

2. The following provisions of the Courts Act 2003 come into force on the 4th January 2005β€”

(a) section 92;

(b) in Schedule 8 (minor and consequential amendments)β€”

(i) paragraph 263 (fees to be taken in the Supreme Court);

(ii) paragraph 276 (fees);

(iii) paragraph 277;

(iv) paragraph 278(b) (fees in family proceedings);

(c) in Schedule 10 (repeals)β€”

(i) the repeal of section 130 of the Supreme Court Act 1981( 2 );

(ii) the repeal of section 128 of the County Courts Act 1984( 3 );

(iii) the repeal of the definition of β€œfees orders” in section 147(1) of the County Courts Act 1984;

(iv) the repeal of section 41 of the Matrimonial and Family Proceedings Act 1984( 4 );

(d) section 109(1) and (3) to the extent necessary for those amendments and repeals.

Revocations and savings

3. β€”(1) The repeals of β€”

(a) section 130 of the Supreme Court Act 1981;

(b) section 128 of the County Courts Act 1984;

(c) section 41 of the Matrimonial and Family Proceedings Act 1984;

shall revoke the Orders specified in Part 1 of the Schedule, except as toβ€”

(i) any fee or other sum due under any such Orders before 4th January 2005;

(ii) any refund of fees due or payable under any such Orders before 4th January 2005;

(iii) any reduction or remission of fees under any such Orders before 4th January 2005.

(2) The repeal of section 130 of the Supreme Court Act 1981 shall not revoke the Orders specified in Part 2 of the Schedule in so far as they are made under that section.

Amendment to subordinate legislation

4. The subordinate legislation set out in Part 3 of the Schedule is amended as specified in that Part.

Signed by authority of the Lord Chancellor

Christopher Leslie

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

Dated 17th November 2004

Articles 3 and 4

SCHEDULE

PART 1

Title Reference
The Supreme Court Fees Order 1999 S.I. 1999/687
The County Court Fees Order 1999 S.I. 1999/689
The Non-Contentious Probate Fees Order 1999 S.I. 1999/688
The Family Proceedings Fees Order 1999 S.I. 1999/690

PART 2

Title Reference
The Supreme Court (Review of Taxation in Criminal Cases) Fees Order 1984 S.I. 1984/340
The Supreme Court (Review of Taxation in Criminal Cases) Fees (Amendment) Order 2003 S.I. 2003/647
The Deeds of Arrangement Fees Order 1984 S.I. 1984/887

PART 3

Parental Responsibility Agreement Regulations 1991( 5 )

In regulation 3(3)(b) for β€œsection 41 of the Matrimonial and Family Proceedings Act 1984 (Fees in family proceedings).” substitute β€œsection 92 of the Courts Act 2003 (Fees).”.

( 1 )

2003 c. 39 .

( 2 )

1981 c. 54 .

( 3 )

1984 c. 28 .

( 4 )

1984 c. 42 .

( 5 )

S.I. 1991/1478 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Courts Act 2003 (Commencement No. 8, Savings and Consequential Provisions) Order 2004 (2004/3123)

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Defined TermSection/ArticleIDScope of Application
fees ordersart. 2.fees_order_rtgbonZ

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